what is this - defamation? Can anything be done

A4foolscap

Hi all
Just wondering if this is defamation or otherwise and what if anything can be done.

This is not about myself but someone I am close to.

Person A and person B worked together for a year. Person A was on a temporary contract that would not be renewed after a 12 month period (A was covering for someone).

Person B was in a senior position in the workplace.

Person B initiated a period of with Person A. Eventually Person A was drawn in and a period of flirting between the two ensued.

While this was happening Person A applied for another job elsewhere and was given a glowing reference by their mutual workplace. Person A didn’t get the job as these thing go.

After sometime Person A began to get fed up with the flirting and was hoping something more would develop. However Person B was in a relationship at the time.

Towards the end of Person A’s time in the workplace Person A send an email venting frustrations to Person B.

Person B denied everything.

At that point certain restrictions were placed on Person A in the workplace without anything been said by management in anyway.

Person A then received a solicitors letter from Person B claiming harassment. Person B harangued the Guards and Person A then made a statement. After some time the guards said there was nothing to it Person B pressed the guards further and it was sent to the DPP. DPP came back and said there was nothing to it. Case closed.

Person A left the workplace after the contract ended. In further job applications the former workplace would not speak with Person A or issue an updated reference.

The workplace is of a nature where there may be communications between other similar places of work such is the type of work.

Person A applied for a similar role elsewhere. The administrator of that workplace erroneously replied to the application with an email clearly meant for someone internal and asked the questions if ‘this was the person who was to be avoided’.

It seems highly likely and probable that the former workplace has either sent out a communication or that Person B has sent out a communication advising that Person A should be avoided and not considered. This is without anything official or disciplinary coming from former workplace to Peron A.

Can anything be done in this scenario?

Bigus

Apart from everything else “qualified privilege “ would also protect person B .

ie , one publican can cast a bad aspersion on a barman to another publican without fear of defamation.

rock22

Bigus wrote: »

Apart from everything else “qualified privilege “ would also protect person B .

ie , one publican can cast a bad aspersion on a barman to another publican without fear of defamation.

Are you sure?

nuac

Mod
Seems to be a word or words omitted from para 5
"initiated a period of ?????????? with A"

Bigus

rock22 wrote: »

Are you sure?

Pretty much , I paid a pretty penny in fees for that gem.

LastStop

I was always under the impression that a work place can't give a bad reference. if they are unhappy with an employee they just issue... Employee X worked for us from 01/01/18 to 01/01/19. Anything of a negative nature could land them in court.

It sounds like your friend has been Blackballed. behind the scenes negative gossip being spread.. not sure if anything can be done, you said they gave a glowing reference.

_Brian

LastStop wrote: »

I was always under the impression that a work place can't give a bad reference. if they are unhappy with an employee they just issue... Employee X worked for us from 01/01/18 to 01/01/19. Anything of a negative nature could land them in court.

It sounds like your friend has been Blackballed. behind the scenes negative gossip being spread.. not sure if anything can be done, you said they gave a glowing reference.

This comes up so often and is completely wrong.

You of course must be able to back up your references with evidence should their be a complaint. As long as it’s true it’s ok.

_Brian

People are blacklisted within companies all the time.
One company I was on had a specific box to be ticked on their exit interview form, “for rehire” Or “not for rehire”

Anytime a cv lands on my desk from a former employee I’d seek out their last manager for an informal chat.

_Brian

Person A has learned a vital lesson here.

Keep your personal life separate to your work, or put up and shut up about the consequences when it goes wrong, and it nearly always goes wrong.

KWAG2019

_Brian wrote: »

Person A has learned a vital lesson here.

Keep your personal life separate to your work, or put up and shut up about the consequences when it goes wrong, and it nearly always goes wrong.

Right lesson followed by wrong lesson. Taking the story at face value A ended up on the end of a robust initiative by B. While nothing came of that, the next lesson for A might be to privately log interactions of a dubious nature with management. Next lesson might be around the nature of the email that seems to have triggered B to either launch pre emptive strike or seek protection and vindication. The wrong lesson imho above is to accept what seems at face value to be exploitation by management of contract staff for emotional satisfaction or worse.

Can A seek redress? Given B’s robust initiative they seem to hold the paper trail. Proper employment and harassment advice needed which might be best sourced through a union. Legal advice needed but also probably some career coaching and perhaps personal counselling.

A4foolscap

nuac wrote: »

Mod
Seems to be a word or words omitted from para 5
"initiated a period of ?????????? with A"

sorry it was the Person B initiated a period of flirting..

Thanks for input all, much to think about.

DaraDali

A4foolscap wrote: »

sorry it was the Person B initiated a period of flirting..

Thanks for input all, much to think about.

Everyone is a big flirty in the workplace, arent they? :rolleyes:

As long as it was mutual

charlietheminxx

Tbh it sounds like Person A emailed a senior colleague something inappropriate (you say it was venting frustrations but what did it say?), and a senior colleague who was in a relationship at that. I wouldn't like to hire someone who is going to behave like that on company time.

Person B certainly kept their Teflon jacket on throughout the whole situation by the sounds of it- Obviously criminal proceedings were not progressed as no case to answer. Doesn’t mean though that person A couldn’t take civil proceedings against Person B. But maybe same could be true for person B and sounds like they have the upper hand.

OP-you can’t prove previous company said anything nor can you prove Person B said anything- new company may have decided your friend was to be avoided simply because no reference forthcoming from previous company? While sloppy in that email, not sure anything else can be proven at this point unless you can obtain written explanation from new company outlining how they came to that conclusion. Even then, I’m not sure if that has legal implications- your friend was subject to a criminal enquiry? While maybe not of their doing, and maybe unfair, I’m not sure was there defamation here.